Call of Duty: Warzone Trademark Fight Gets Taken To Court
A lawsuit from Activision Publishing is set to end a trademark dispute over Call of Duty: Warzone's use of the word "Warzone," which Activision attempted to trademark in October. Despite Call of Duty: Warzone being a year old, this legal battle has continued due to another company claiming Warzone in its video game title. This dispute started last June, but the small Washinton-based company Warzone.com has held firm in opposition to the initial trademark application due to its game's similar title.
Warzone.com has been around since 2017 as an online browser-based strategy game. Recently, the title was ported to mobile platforms to widen its player base. The company initially opposed Activision's trademarks due to a similarity to its title's name, claiming that Call of Duty: Warzone is confusingly similar to its own. If successful, the owners of Warzone.com could prevent the trademark registration made in October.
Since the start of this legal dispute, Activision has been set to file an official response with the US Patent and Trademark Office by December 12. It has so far filed for four extensions, but the deadline to respond to Warzone.com's opposition has come. Activision has yet to plead its case to the US Patent and Trademark Office, but it has filed a lawsuit to present its side of the argument in court. Activision denies the possibility of consumer confusion, arguing that Warzone.com bears more resemblance to the board game Risk than the Call of Duty franchise. The company also notes that Warzone.com is not available on consoles which limits its consumer reception.
Activision has attacked the defendant's claims by bringing to light 16 other mobile titles that use the word "Warzone" in their title. Considering the common use of the term, the publishing company believes it is fair to use due to the word being common in entertainment products, like Call of Duty, involving military combat.
In the lawsuit, Activision is seeking a declaratory judgment that it has not infringed upon Warzone.com's trademark rights. If this goes through, Activision can continue its trademark application process, and Warzone.com will have to pay Activision "reasonable attorney's fees and costs" for the case.
So far, a ruling has not been declared, but time is running out for a decision to be made. Call of Duty: Warzone is an increasingly popular title, and the need for trademark registration grows as the community continues to gain members. Despite this, Warzone.com has been around longer, and the confusion case could still rule in its favor.
Call of Duty: Warzone is available on PC, PS4, PS5, Xbox One, and Xbox Series X/S.
Source: PC Gamer, GamesIndustry.biz
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